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TABLE OF CONTENT PAGE NO

1. OBJECTIVE

2. PROCEDURES

• Disciplinary Procedures

• Domestic Inquiry

3. DEFINITION

4. RELATED TEMPLATES
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OBJECTIVE

Disciplinary Actions are a series of actions taken by the Company to correct

serious disciplinary and/or Performance issues. Disciplinary Actions are
necessary in cases where the actions of the employees are against the
Company Rules and/or Non-Compliance to Terms and Conditions of Service
as specified in the Contract of Service (Letter of Appointment).

DISCIPLINARY PROCEDURES

1.0 Incident Report

1.1 Disciplinary Action may be called for when a Report or Complaint of
an Incident is lodged. Normally, the source of Complaint comes from
the employee’s Immediate Superior or a fellow employee.

2.0 Acknowledgement and verification of Incident Report

2.1 The head of Department or Immediate Supervisor receives a
Complaint and verifies the facts presented to him to determine
whether the case warrants Disciplinary Action.

3.0 Disciplinary Action

3.1 If there is sufficient evidence of the Incident, the Head of Department
must present full supporting facts to Human Resources Department.

4.0 Investigation
4.1 It is essential that Human Resources Department conduct an
Investigation into the facts presented to them immediately to protect
the integrity of the case and obtain the relevant evidence before it
becomes difficult or impossible to trace. This is also to avoid any
allegation by the employee of Condonation of the alleged
Misconduct.  

4.2 The Human Resources Department should interview all parties

concerned in the Complaint and have their Statements recorded.

• Difficulties may arise if the Complaint is from an outside source

(not within the Organisation) and such person is reluctant to give
any written Statement to substantiate his Complaint.

• Without a Written Statement, the employee, when confronted,

may make a total denial of the allegation. It is suggested that
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the outsider complainant be persuaded to record his complaint

in writing so that Disciplinary Action can be instituted against the
employee concerned.

• At the same time, the Investigating Officer should ascertain if

other supporting evidence from within the Company can be
obtained to support the Complaint so that the Complaint does
not stand by itself.

• It is important that the Investigating Officer remains impartial

and not be sitting on the Panel of Inquiry.  

5.0 Outcome of Investigation

5.1 If the investigation establishes a “Prima Facie” case justifying the
Complaint that calls for an explanation from the employee, the
Company should then proceed to issue a Show Cause Letter.

5.2 If the Investigation concludes with lack of evidence, Human Resources

will reject further cause for Disciplinary Action and notifies the Head of
Department. The case will be considered closed.

6.0 Issuance of Show Cause Letter

6.1 The employee is to be issued a Show Cause Letter drafted in clear
language setting out all the allegations to which the employee is
requested to “Show Cause”.

• The Show Cause Letter is to be signed by the Human Resources

Manager.

• Any unclear charge in a Show Cause Letter is often indicative

that the Company is unsure of the circumstances giving rise to
the charge.

• The charge should specifically refer to which Rules or

Regulations that have been breached. If no specific Rules have
been breached, state that the charges constitute either a
breach of both the express and/or implied Terms and
Conditions of the Contract of Service (Letter of Appointment).
• The Show Cause Letter is confidential and should preferably be
delivered to the employee personally. If this is not possible, the
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letter should be sent to the employee’s address via Registered

Mail.

7.0 Employee to respond to Show Cause Letter

7.1 Depending on the reply received from the employee, the Company
may proceed to conduct a Domestic Inquiry.

• This may be necessary even if an employee, in his reply to the

Show Cause Letter, gives an unclear response and appears to
admit to only some of the charges or just part of the charge.

8.0 Issuance of Warning Letter

8.1 If the Human Resources Department finds the response to the Show
Cause Letter from the employee satisfactory, it may be deemed
enough to issue a Warning Letter to the employee and provide
reasonable opportunity for the employee to improve his performance
or conduct.

9.0 Issuance of Notice of Inquiry

9.1 If employee does not respond to the Show Cause Letter or his response
is unclear or appears to admit to only some of the charges or just part
of the charge, the Human Resources Department shall proceed to
send a Notice of the Domestic Inquiry to the employee concerned.

• The Notice should give particulars of the date, time and place
of the Domestic Inquiry and should stipulate that the employee
would be entitled to cross-examine the Company’s witnesses
and may, himself, produce witnesses or documents to argue
against the charges.

10.0 Panel of Inquiry

10.1 The Company should proceed to select the Panel of Domestic Inquiry.
The basic criteria for the selection should be:

• Individuals who are not involved directly with the investigation

and circumstances of the case.
• The Panel Members of Domestic Inquiry should normally be of a
rank or status above the employee facing the disciplinary
charges.
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• The Chairman of the Panel of Domestic Inquiry should have the

same knowledge of the Domestic Inquiry Process and
regulations involving employment.
• The Panel of the Domestic Inquiry are to strictly comply to the
principle of natural justice and be seen and act “fair and just”.

10.2 The panel should comprise of:

• Chairman (should be a person not involved in the investigation)

• Two independent Panel Members (may be employees from
another department)
• A Prosecutor or Presenting Officer (may be a Personnel Officer in
the Human Resource Department)
• A Secretary to take minutes of the Domestic Inquiry

10.3 The Panel of Domestic Inquiry should not be seen or appear to be

biased.

PROCEDURES – DOMESTIC INQUIRY

1.0 Domestic Inquiry

1.1 It is an important Principle that no employee shall be dismissed for
Misconduct unless the employee concerned has been given an
opportunity to defend himself or had been given an opportunity to be
heard. The Company will need to ensure that the basic Principles of
Natural Justice have been observed throughout the whole process.

1.2 The general procedure at the Domestic Inquiry would be as follows:

• The Prosecution will begin first. The Charge must be read to the
Accused Employee and explained to him at the
commencement of the Domestic Inquiry. He is to make out a
case against the Accused Employee by producing Witnesses
who have direct knowledge of case.
• If the Accused Employee admits the charge, he should be given
the opportunity to express the circumstances that lead him to
commit the offence and mitigates his case. He is also allowed
to question (cross-examine) each of the Witnesses on the
evidence they have given.
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• The Accused Employee will then be asked to defend his case.

He may produce Witnesses to support his case.
• The Accused Employee as well as his Witnesses is subject to
cross-examination by the Prosecutor or the Presenting Officer.
• The Chairman of Domestic Inquiry then will ask the Prosecutor or
the Presenting Officer, presenting the case to briefly state the
facts of the case including how the offence was committed to
enable the Panel of the Domestic Inquiry to recommend the
appropriate punishment or continue with the Domestic Inquiry
process.

1.3 The Chairman of the Domestic Inquiry will guide the Domestic Inquiry
process and record all evidence in writing. The inquiry process may be
recorded with the agreement of the Accused Employee.

1.4 Statements made by Witnesses must be recorded and signed. They

must not be in the room where the inquiry is being held until called in
by the Chairman.

1.5 If the Accused Employee is not present at the Domestic Inquiry, the
case may still be heard in his absence and the outcome of it must be
communicated to him.

1.6 External Lawyers are not allowed to appear in the Domestic Inquiry but
the Accused Employee may be represented by his representative i.e.
fellow employee or a Union Representative.

2.0 Discussion of Hearing

2.1 After the Domestic Inquiry, the Chairman should discuss the case with
the Panel Members, study the evidence given by both parties and
decide upon the merits of the case.

2.2 The findings of the Domestic Inquiry established in a report that should
be based on the material and evidence produced at the Domestic
Inquiry giving reasons in brief for the conclusions on the charges.
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3.0 Decision of Panel

3.1 Depending on the decision of the Panel of Domestic Inquiry, if the

Accused Employee is found “guilty”, the Chairman will proceed to
submit the findings and recommendations to the Management.

3.2 Should the Accused Employee be found “Not Guilty” of the charge,
the Human Resources Department will issue a Notification Letter
indicating the “Verdict” of “Not Guilty” to the Accused Employee.

4.0 The Penalty and/or Punishment

2.1 Once the management is in a position to fully consider all the relevant
factors, then the appropriate disciplinary action can be taken. If
dismissal is decided, the Accused Employee should be informed as
soon as possible and also on what grounds he is being dismissed.

• The Accused Employee may be dismissed without notice or

downgraded; or be imposed any other lesser punishment as
deemed “Just and Fair”, and where a punishment of Suspension
is imposed, it shall not exceed a period of 2 weeks with half pay.

2.2 If there is an Appeal Process within the Disciplinary Procedures against

the decision, the employee should be informed of to whom he may
exercise his right of Appeal.

DEFINITION

The employee alleged to have committed a

The Accused Employee misconduct or have performance issues

A conclusion reached after examination or

Findings investigation of a case.

If an employer is aware that an employee has

committed a misconduct and yet fails to take any
Condonation action within a reasonable time, he is said to have
condoned or been in acquiescence with the
employee’s misconduct

A case which is established by sufficient evidence,

Prima Facie case and can be overthrown only by submitting
evidence adduced on the other side
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Where an employee is alleged to have committed

misconduct, he is given a letter detailing the
Show Cause Letter alleged misconduct and requiring him to give his
reasons as to why disciplinary action may not be
taken against him

Before an employee can be punished for any

serious misconduct, it is mandatory for the
management to hold a Domestic Inquiry (Sec.
Domestic Inquiry 14(1) E.A.). Failure to hold the Domestic Inquiry
may be fatal to the case, should the employee or
his union take up the case in the Industrial Court

Involves two principles viz (a) both sides must be

heard and (b) no man shall be judged in his
cause. In a Domestic Inquiry (a) the employee
should be given adequate opportunity to defend
Natural Justice himself or to be heard and (b) the inquiry is to be
conducted, as far as possible, by such officers
who are not directly connected with the case, so
as to give the hearing impartiality

Verdict An expressed conclusion; a judgement or opinion

RELATED TEMPLATES

• Layout of Domestic Inquiry Report

• Layout of Domestic Inquiry Verbatim Record
• Show Cause Letter
• Warning Letter
• Notice of Inquiry
• Letter of Dismissal due to Misconduct
• Letter of Dismissal due to Misconduct (plead guilty)
• Letter of Dismissal due to Habitual Late-coming
• Punishment Order due to Misconduct